Injunctions, Restraints & Protection Orders in Family Law
Obtaining Injunctions, Restraints & Protection Orders with Family Law Experts
When your safety, your children’s wellbeing, or your financial security is at risk, immediate legal action may be necessary. At Dorter Family Lawyers & Mediators, we understand the urgency and sensitivity of these situations. Our experienced family law team is here to help you protect what matters most so you can find confidence, gain clarity and take control of the next steps in your separation.
We combine legal expertise with genuine care. Our team of expert Family Lawyers including Accredited Specialists will:
✓ Assess your situation quickly and thoroughly.
✓ Advise you on the best legal pathway
✓ Prepare and file urgent applications for injunctions or urgent protection orders in the family courts.
✓ Represent you with strength and sensitivity in court
We are committed to helping you feel safe, informed, and empowered—every step of the way.
Talk to our expert family lawyers today – Book a confidential consultation or call (02) 9929 8840.
Sydney Family Law Team.
Led by Rebekah Dorter and our senior partners, our team consists of accomplished professionals who are not only highly knowledgeable in their respective fields of family law but also deeply committed to delivering exceptional results.
What Is an Injunction in Family Law?
An injunction is a court order issued by the Federal Circuit and Family Court of Australia (the Court) that either:
Restrains someone from engaging in harmful or unlawful behaviour, or
Compels them to take a specific action.
Under Section 114 of the Family Law Act 1975, injunctions can be issued to:
Protect individuals from family violence or harassment.
Prevent the disposal or concealment of assets.
Safeguard children’s welfare and living arrangements.
Restrict access to the family home or workplace.
Injunctions may be temporary (interim) or long-term, depending on the circumstances.
Protection Orders & AVOs in NSW
In New South Wales, protection orders are commonly known as Apprehended Violence Orders (AVOs). These are issued by the Local Court to protect individuals from threats, abuse, stalking, or intimidation.
There are two types:
Apprehended Domestic Violence Orders (ADVOs) – for people in a domestic or family relationship.
Apprehended Personal Violence Orders (APVOs) – for individuals not in a domestic relationship (for example, neighbours or colleagues).
AVOs may include conditions such as:
No contact with the protected person.
Restrictions on approaching their home, workplace, or school.
Prohibition from possessing firearms.
Since 25 November 2017, all AVOs are nationally recognised across Australia, ensuring consistent protection regardless of location.
Family Law Injunctions vs. State Protection Orders
While AVOs are governed by state legislation, injunctions under the Family Law Act offer broader protection, especially when family law proceedings are underway. These may include:
Orders preventing a parent from relocating a child without consent.
Restrictions on selling or transferring property before settlement.
Protection for victims of coercive control, financial abuse, or emotional harm.
Importantly, Section 68B of the Family Law Act allows courts to issue injunctions specifically for the personal protection of children and parents, including restrictions on access to residences, schools, or workplaces.
Safeguarding Property and Assets During Separation
In high-conflict separations, one party may attempt to sell, hide, or transfer assets to avoid a just and equitable division of assets. Under Section 114, the Court can issue injunctions to:
Prevent the sale or disposal of property.
Freeze bank accounts or financial assets.
Reverse transactions that were made in bad faith.
These legal tools ensure that the asset pool remains intact until a fair and equitable settlement is reached.
Injunctions, Restraints & Protecton Orders | FAQs
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An injunction is a court order under the Family Law Act 1975 that can protect individuals, children, or property during family law proceedings. An Apprehended Violence Order (AVO) is issued under state law (e.g. NSW) to prevent violence, harassment, or intimidation. Injunctions are typically used in family court matters, while AVOs are handled by the local court or police
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No. Injunctions must be applied for through the Federal Circuit and Family Court of Australia. However, in urgent cases, your lawyer can help you file an interim injunction quickly to protect your safety or assets until a full hearing is held.
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You’ll need to show that there is a real and immediate risk to your safety, your children, or your property. By way of example, the Court may consider:
Threatening messages or emails
Witness statements
Police reports
Financial records showing asset disposal
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The duration depends on the type of order and the circumstances. Interim injunctions may last until the next Court date, while final orders can remain in place for months or years.
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Yes. Under Section 114 of the Family Law Act, the Court can issue an injunction to freeze assets during separation in Australia, prevent sales, or reverse transactions made to defeat a property settlement.
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Yes. An AVO may influence parenting orders, especially if it involves allegations of violence or abuse. The Court also must consider the AVO in Family Law proceedings and ensure there is no inconsistency in the parenting orders being made. The Court prioritises the safety and best interests of children and may restrict contact or impose supervised visitation.
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Not necessarily. Section 114AB of the Family Law Act 1975 states that if you’ve already taken legal action under a state or territory law—such as obtaining an Apprehended Violence Order (AVO)—you may not be entitled to apply for a similar injunction under the Family Law Act unless certain conditions are met.
This provision helps avoid duplicate legal proceedings and ensures that state protection orders and federal injunctions don’t conflict. However, if your family law matter involves property disputes, parenting arrangements, or ongoing family court proceedings, a family law injunction may still be necessary to address issues not covered by your AVO.
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Breaching a family law injunction is a serious legal offence under the Family Law Act 1975. If someone violates an injunction—such as by contacting a protected person, disposing of property, or disobeying Court Orders—they may face penalties, sanctions and in serious cases, imprisonment, depending on the nature and seriousness of the breach.
Further consequences may include:
Fines or imprisonment under Section 114AA, especially for repeated or serious breaches.
Changes to existing Court Orders, such as parenting arrangements or property settlements.
Loss of credibility in ongoing family law proceedings.
If you believe an injunction has been breached, you should:
Report the breach to police immediately (especially if safety is at risk).
Contact your family lawyer to file a contravention application in Court.
Keep records of any communications, incidents, or evidence related to the breach.
The Court takes breaches seriously, particularly when they involve children’s safety or family violence. Legal enforcement ensures that injunctions are respected and that protected parties remain safe.
While Court proceedings in the Federal Circuit and Family Court of Australia include privacy safeguards, judgments may still be published in anonymised form and hearings are generally not fully confidential. If maintaining confidentiality is a priority, we strongly recommend exploring ADR pathways first. At Dorter Family Lawyers & Mediators, we are highly experienced in private dispute resolution and work with accredited mediators, collaborative practitioners, and senior arbitrators to ensure your matter is handled with discretion and professionalism.
Need Urgent Help?
Need urgent protection from family violence or asset threats? Dorter Family Lawyers in Sydney offer expert legal support for injunctions, AVOs, and protection orders under the Family Law Act 1975.
Ready To Move Forward?
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Call (02) 9929 8840 Or Request a call‑back via our contact form.
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